Top things to do if your loved one is arrested in Anne Arundel County

If you or a loved one is arrested in Annapolis or is in the Jennifer Road Detention Center, the first thing that will likely be on your mind is securing their release from the Jennifer Road Detention Center in Annapolis.

1. Inform your loved one to talk to no one about their case without a lawyer present.

2. Call Scott MacMullan Law (443-494-9775) for immediate, nearby legal help. (We will come to the initial appearance hearing as soon as they are arrested and represent your loved one.)

3. Work with your attorney to secure bail or call Scott MacMullan Law (443)-494-9775 to represent your loved one at the initial appearance hearing in an attempt to have the arrested released. The commissioner’s, in setting bail consider, among other things, whether the arrested is:

1. a significant flight risk (Will they show up to their court date if released?) or
2. a danger to society (Will they harm society if released?)

A lawyer can help you greatly in securing the arrestees release or a low bond so they arrestee can post the amount and be released.

Call now for immediate help that could save you thousands of dollars in posting bail. Scott MacMullan Law can help you immediately when your loved one is arrested in Annapolis, Anne Arundel County, Maryland and is in or is going to The Jennifer Road Detention Center.

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Defending a Domestic Violence Protective Order in Annapolis

Many safety concerns exist between the alleged criminal and a victim of domestic violence.

  • The perpetrator of the domestic violence has an extensive access to the victim. They may both live together, or have a consistent contact with each other for doing parental rights. If they are not living together, the criminal somehow knows the daily routine of the victim or has ready means to go about her whereabouts.
  • Domestic violence perpetrators operate on a pattern of social, physical, psychological and/or economic control over their intimate partners. Many of such abusers who sees loose of control over their partners resort to physical violence to regain it. Appropriately, a courts mediation in such abusive behaviour may elevate the risk of violence for everyone concerned with the case.
  • Domestic violence usually happens at home, where the witnesses are in control by the abuser. Such happenings is a predicament evidence process, as well as the victim to participate in it. This may also cause the victim to appear “crazy” to outsiders who in that case does not know how to discern the “craziness” as a normal reaction to the abuse.

In Maryland, prosecutors do not take domestic violence charges lightly and neither should you. Domestic violence laws pose unique challenges to defendants. It is possible to be arrested, charged and convicted in a domestic abuse case where the other party was equally at fault in the argument or there was an innocent explanation. Furthermore, prosecutors are the ones who press charges, not the alleged victims. This means that you can be convicted of domestic abuse even if the alleged victim says you never committed it.

At Scott MacMullan Law  we are committed to protecting your rights in these sensitive legal matters. In Maryland, victims of domestic violence can get protection any time of day, seven days a week. During business hours, you may obtain an ex parte temporary protective order from the district court or circuit court. This order is valid for seven days.

On weekends or holidays, you may be granted an interim protective order which is valid for two days. Before that order expires, you may have a hearing to be granted a temporary protective order.

When a temporary protective order is granted, you will have a hearing within one week, in which a judge will decide if a final protective order will be granted. Protective orders make it illegal for the alleged abuser to have contact with you, and may affect child custody, visitation and support matters.

Scott MacMullan represent clients on both sides of this issue. We are committed to helping victims of domestic violence, as well as those who are facing accusations of domestic abuse.

Charged with assault in Annapolis?

Dealing  with criminal charges is a frightening and serious situation. When it is a violent crime such as assault & battery, the future can look very depressing. If you have been charged with this crime, it is critical that you contact an Annapolis criminal defense attorney directly. These cases can be complicated, as there may be altering stories associated to the case.

Anyone can be wrongfully accused of this crime. In fact, there are without a doubt individuals in prison/jail today who were wrongfully convicted of these very grave charges. Searching for an lawyer for an assault case in Annapolis? With the aid of a criminal defense lawyer Scott McMullan, Attorney at Law, the evidence against you can be reviewed and evaluated, and the strategy for your defense quickly determined.

Assault Defense Lawyer in Annapolis, MD

Assault and battery are actually two unlike crimes, and a person may be charged with either or both, depending on the case. In some cases, an individual was aggressively attacked in an dispute and after defending themselves, got detained and charged for the crime. Also in Maryland you can only be charged with Assault even if it is a battery. Everything is under the assault statute of that makes sense. So you can’t be charged with a battery. A battery would be charged as an assault.

In self-defense cases it may be necessary to find other witnesses to the event. Time is very important in such a charge, as witnesses often become harder to find as time goes on. When there are two conflicting stories in any assault & battery case, the skill of your defense attorney becomes of the foremost concern.

Looking for an attorney for an assault case in Annapolis?

The Annapolis criminal defense lawyer at McMullan Law, Attorney at Law has a long history of successfully defending criminal cases, and is prepared to make your case a priority. With the help of this outstanding law firm, the likelihood of a better outcome in the case can be increased. Every aspect of the case will be carefully reviewed and evaluated, as there is no perfect prosecution case. Attorney McMullan knows this. With this background, Attorney McMullan knows what to look for in the case against you, and how to come up with a compelling defense on your behalf.

Right to Remain Silent…Maybe?!

During a custodial interrogation, the defendant’s statement, “I don’t want to say nothing. I don’t know,” was an ambiguous statement such that a reasonable police officer in the circumstances would not have understood him to be invoking his right to remain silent because the defendant’s addition of “I don’t know” created ambiguity as to whether he sought to invoke his right to remain silent, and, therefore, the circuit court properly denied the defendant’s motion to suppress his subsequent statements for failure to give the proper Miranda

A Note on Preliminary Hearings

A prosecutor has two ways of charging a felony to be tried in circuit court: (1) a criminal information. A grand jury indictment is a prima facie finding of probable cause that the felony was committed, and probable cause that the defendant was the person who committed it. If a prosecutor chooses to charge a felony in a criminal information, or if a  grand jury indictment has not been returned, a defendant has an absolute right to a preliminary hearing.

A criminal information is simply written charges written by the prosecutor. The prosecutor decides whether to bring charges.

The Fifth Amendment to our constitution says that nobody can answer for a crime “unless on a presentment or indictment of a grand jury.” That means that some formal process must occur before you have to stand for a felony tria.

If felony criminal charges are brought by a criminal information, there will usually be a probable cause hearing before a judge, called in Maryland a Preliminary Hearing. This is simply a hearing to determine if there is “probable cause” that a felony was committed.

2. A grand jury indictment:  The purpose is not to determine guilt or innocence, but to determine if there is enough evidence that some crime has been committed in order to have a trial later on.

 

5 rights everyone must know if they’re stopped by the police

  1. You have the right to remain silent. If you wish to exercise that right, say so outloud.
  2. You have the right to refuse to consent to a search of your car or your home.
  3. If you are not under  arrest, you have the right to calmly leave.
  4. You have the right to a lawyer if you are arrested. Ask for one immediately. Call criminal defense attorney Scott MacMullan.
  5. Regardless of your citizenship or immigration status, you have constitutional rights.

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Potential Outcomes of Your Criminal Case – Annapolis Criminal Defense Attorney Explains

As an Annapolis Criminal Defense Attorney, there are 5 different potential outcomes for you case (other than a Not Guilty verdict at trial).

  1. Nolle Prosequi – The prosecutor who is bringing the case against you has the discretion to terminate a prosecution or charging document and dismiss the charging document against you. The defendant does not have to be present in court when a nolle prosequi is entered. A nolle prosequi can be immediately expunged by filing the appropriate expungement petitions at the clerk’s office. A nolle prosequi generally does not preclude the State from recharging a defendant and claim of double jeopardy can be made unless the State entered the nolle prosequi on the charges after the tesimony began in the case.
  2. Stet – Maryland Rule 4-248 – Upon motion of the Assistant State’s Attorney, the court may indefinitely postpone trial upon a charging document by marking the case “stet” on the docket. You are not necessarily required to be there for a stet but you are required to be there to maintain your speedy trial rights.

An Annapolis Criminal Defense attorney or the judge will go over your speedy trial rights with you.

“The prosecutor has requested that the charge be placed on the stet docket. A stet is not a trial, and it is not a dismissal of the charge.

The charge currently is scheduled ont he active trial docket, which means that it is scheduled for trial today. The stet docket is an inactive docket, which means that it will be indefinitely postponed. It is like placing a case on a shelf.

A stetted charge may be rescheduled for trial at the request of either party within one year for any reason. After one year, either party may request that the charge be rescheduled for trial but it may only be rescheduled by order of court for good cause shown.

You have a right to speedy trial. This means that you have a right to be tried within a reasonable period of time after being charged. If the case is placed upon the stet docket, it may bever be rescheduled for trial, or it may be rescheduled at an indefinite time in the future. If you agree to the entry of a stet, you may not be tried within a reasonable period of time, and therefore you would be waiving your right to a speedy trial.

A charge may not be stetted over your objection.

Do you understand everything I have explained to you?

Do you have any objection to the entry of a stet of the charge pending against you?”

3. Confession of Not Guilty – The State will enter a nolle prosequi before they enter this disposition.

4. Nolo Contendere – Maryland Rule 4-242(d) – A plea of nolo contendere or no contest which, for all practical purposes, is an admission of guilt, requires the permission of the court. No verdict is entered and thus the defendant has no criminal record or conviction. The DMV treats this as a conviction, though. No appeal can be taken from nolo contendere

5. Guilty Plea – Maryland Rule 4-242(c) -The court will not accept the guilty plea without qualifying the defendant first that the guilty plea is voluntarily made. Here is a sample guilty plea advisement of rights:

-Do you understant that you are pleading to XXXXX crime?

DO you understand that you have a right to a jury trial?
A jury trial before anne arundel county registered voters. Understand?
Right to a bench trial?
Right to cross examine witnesses?
Right to present evidence?
You have not been forced or coerced or threatened for this plea?
You are not under the influence of drugs or alcohol?
You understand you are giving up your right to appeal?
You understand that you could be giving up rights if you are not an american citizen?

 

‘Scandal’ star pleads no contest to felony assault – Annapolis Criminal Defense Attorney Explains

Columbus Short, from TV show ‘Scandal’ infamy knocked a victim out, bloodied the victim and broke the victim’s nose. As an Annapolis Criminal Defense attorney, I handle cases such as these. Columbus recently pled no contest to felony assault and avoided jail time. He has a long three year probation, 60 full days of community labor and he has to pay restitution money to the victim. If you get involved or are accused of the crime of assault, it is best to call an Annapolis Assault attorney as soon as possible. There are many things that need to be done to protect your rights.